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FRY v. VIL. OF TARRYTOWN

176 Misc.2d 275 (1998)

671 N.Y.S.2d 633

In the Matter of Mark Fry, Petitioner, v. Village of Tarrytown et al., Respondents.

Supreme Court, Westchester County.

March 16, 1998.

Attorney(s) appearing for the Case

Jeffrey S. Shumejda, Village Attorney of Village of Tarrytown, North Tarrytown, for respondents. Chadbourne O'Neill Thomson Whalen & Fitzgerald, North Tarrytown (Dennis M. Fitzgerald of counsel), for petitioner.

JOAN B. LEFKOWITZ, J.

On March 27, 1997, the Court of Appeals reversed the Appellate Division (226 A.D.2d 461), which had affirmed an order of this court dismissing the CPLR article 78 proceeding for want of jurisdiction, holding that respondents waived the right to litigate the jurisdictional question and remitted the matter to the Supreme Court. (Matter of Fry v Village of Tarrytown, 89 N.Y...

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